COUNTRY REPORT: KENYA

Presented to the FIG Commission 7Annual Meeting, Krakow, Poland.September 17 - 23, 2003.

byJasper Ntwiga Mwenda

GENERAL

INDEPENDENCE 12 December 1963 Former British

Colony & Protectorate

REPUBLIC 12 December 1964 Executive

President

GENERAL

AREA: Over 582600 sq. KmPOPULATION: 28.7million (1999

census) Current estimate: 31 million National pop.growth rate: 2.9% Rural: 78% Urban 22% Female: 50.5% Men: 49.5% High potential land: 30%

URBAN AREAS

Urban pop. Growth rate: 6.5% pa Smaller towns ~ 9.1% Nairobi has 36% of urban population Estimated 65% Nairobi population lives

in informal settlements – may be higher in smaller towns.

CATEGORIES OF LAND

1. Government Land (~10%). Control by central government.

2. Private Land (~20%). Freehold or leasehold tenure

3 . Trust Land (~70%). Held in trust for residents by County

Councils (local authorities) until formalization of rights.

May be re-designated soon

THE MAIN LAND REFORM PROGRAMMES

1. Land distribution – allocation2. Land formalization3. Land redistribution

LAND DISTRIBUTION - ALLOCATION

From government to private ownership Sporadic Varying sizes and user

Over 100 yearsBy 2001, about 230,000 parcels

allocated

PROGRESS OF LAND REFORMS ON TRUST LAND

CONSOLIDATION AREAS

ENCLOSURE AREAS

RANGELANDAREAS

NO. OF TITLES

0.46 million 1 million 400

AREA COVERED (ha)

1.3 million 3.5 million 3 million

FIELD SURVEY METHODS

Ground survey – mainly chain and compass

Identification on un-rectified aerial photos

Identification on 1:50000 series topographical maps

LAND REDISTRIBUTION

Subdivision and allocation of large farms, previously owned by settlers to larger numbers of farmers

White settlers owned 7.5 million acres (~ 3 m ha) of farm land – about 30% of high potential land

Two approaches used: - 1. Government initiative (WB, UK, Germany etc.) 2. Private – Land buying Co., Co-op & self-help

groupsPrivate initiatives have settled more people

STATUS OF LAND REDISTRIBUTION PROGRAMME (2001)

Settlement Schemes (Govt.)

Company & Co op farms (private)

Area (ha) 1 million 2.2 million

No of farms/ schemes 422 2700

No of families settled 160000 -----

No of titles issued

120000 1.5 – 1.8 (est.)

LAND REGISTRATION

Title and deeds systems in existenceIntention to phase out deeds system

since 1920 Deeds system exist because conversion

voluntary or when transaction involving title occurs

LAND FORMALIZATION

Land under customary tenure brought to the register. Freehold title for agricultural use.

English system of registrationSystematic approach usedThree different approaches: -

1. Consolidation 2. Enclosure of existing parcels 3. Identification of group ranches

DEEDS SYSTEMS

Exist under three Acts 1. Registration of Documents Act, 1901

– simple deeds system 2. Land Titles Act, 1908. Simple then

upgraded to advanced in 1911. 3. Government Lands Act, 1915 –

Advanced deeds system.

TITLE SYSTEMS

Two title registration systems: - 1. Registration of Titles Act, 1920

Requires fixed boundary surveysTorrens systemSlightly over 200000 titles

Registered Land Act, 1963Serves both general and fixed boundaries

systemsEnglish title system> 2 million titles

PROGRESS IN ISSUANCE OF TITLE TO LAND (1976-1999)

0

500000

1000000

1500000

2000000

2500000

3000000

3500000

1976 1984 1992

No of titles

LAND ADMINISTRATION ARRANGEMENTS

MINISTRY OF LANDS & SETTLEMENT – Main player Departments within Min. of Lands & Settlement: -

1. Lands – Allocation of Govt. land, Govt. valuation, registration of land 2. Survey of Kenya – Surveying and Mapping. Licensed surveyors also involved in

title surveys 3. Land Adjudication & Settlement – formalization, redistributive and consolidation

reforms 4. Physical Planning – planning of land 5. Administration – coordination of activities within the Ministry

Other authorities: - a. Office of the President – especially allocations b. Min. of Roads & Public Works c. Min. of Agriculture d. Min. of Local Government etc.

INSTITUTIONS FOR TRAINING SURVEYORS

UNIVERSITIES University of Nairobi Jomo Kenyatta University of Agriculture

& TechnologyPOLYTECHNIC/COLLEGE

The Kenya Polytechnic Kenya Institute of Surveying & Mapping

LOCAL TRAINING INSTITUTIONS

INSTITUTION COURSEANNUALINTAKE

DURATION(years) COMMENTS

University of Nairobi

B ScM Sc

282

52 Geomatics

Jomo Kenyatta Univ. of Agric. & Technology

B Sc 28 5 Geomatics

Kenya Polytechnic

DiplomaHND

6015

32

Surveying and Cartography

Kenya Institute of Surveying & Mapping

DiplomaHND

10825

32

Surveying, Cartography, Photo & RS, Map Repro

PROFESSIONAL MEMBERSHIP (Institution of Surveyors of Kenya)

CHAPTERCATEGORY OF MEMBERSHIP

TOTAL

Full Associate Technician

LAND SURVEYORS

90 108 10 208

BUILDING SURVEYORS

39 6 N/A 45

LAND MANAGEMENT

19 2 N/A 21

VALUATION & ESTATE MANAGEMENT

326 167 N/A 493

SOME CURRENT LAND ISSUES

1. Constitutional conference in progress - greater control by communities in land allocation - more accountability with regard to community land - redesignation of land categories - National Land Commission (being discussed)

2. Repossession of ”illegally allocated” land 3. ”New generation” title deeds (?) 3. Informal settlements – upgrading

- what rights and to whom - MOU with UN-Habitat

LAND ISSUES (contd)

4. Computerization of land records A number of initiates with a number of donors on going

but little coordination between donors Physical Planning – France Survey of Kenya – Japan, France Adjudication & Settlement – Germany Lands – UK, Denmark Advertisement in May in Press seeking solution

5. Need for better coordination between Ministries with regard to land issues

KENYA IS A WONDERFUL COUNTRY. PAY US A VISIT AND SEE FOR YOURSELF

THANK YOU dziekuye bardzo

Do-zabacze nia w Kenii

GENERAL